Did Barsanti just suggest that Spahr's Integrity Saved Erwin & Gaffney from a Fraud Charge?

Barbara Erwin's been gone from the west Chicago suburban school district 303 for a couple of months now and it appears St Charles folks are about ready to get over it.

This from the Kane County Chronicle:

D-303 needs some help

Doing what the public wants would seem to be a tenet of any government body.

But so should making sure personnel files stay in a school district’s hands, following the Illinois Open Meetings Act, and not giving a superintendent 340 days of sick time.

Sadly, these are all tenets that School District 303 fell on the wrong side of with former Superintendent Barbara Erwin at its helm.

In the aftermath of the Erwin saga, the public’s trust in the district might have been at an all-time low. And so begins the rebuilding process.

Sounds like Scottsdale.

Recently in WestChiTown

Citing the fact that Barbara Erwin and Jim Gaffney's attempt to add 85 sick days (worth thousands of dollars) to Erwin's account was unsuccessful, State's Attorney John Barsanti told the Kane County Chronicle, “It’s not fraud. It’s not theft. Barbara Erwin didn’t get those days, so it doesn’t matter.”

Not the kind of line Sam Spade would have delivered.

I'm no lawyer, so maybe somebody can straighten me out here, but wasn't Barsanti only looking for attempted fraud to begin with? It sure doesn't seem Bobbie Raehl was under any false impressions. It was pretty clear that District 303 Human Resources Director Tony Spahr foiled whatever plot was afoot. There's Spahr's statement and the Gaffney memo; which confirms.

One asssumes that if Tony Spahr had bent to Barbara Erwin's pressure (and/or followed the memo Jim Gaffney says he signed but did not write) and credited her account with 85 sick days in opposition to Illinois state law - then that would have been something Barsanti could do something about!?

If that had happened, I'd bet a nickle it would have gotten pinned on Tony Spahr.

Sweet deal for the folks at the top of the food chain.

But as things are, Barsanti can't find a problem; and he's really looked. Barsanti said that he examined statutes ranging from fraud to official misconduct but found that no charge applied to the situation. Hard to believe; but, maybe so.

School board member cleared

in memo investigation

GENEVA - No charges will be filed against a member of the St. Charles school board following an investigation into a memo, signed by him, that indicated the board had approved additional sick-day credit to a former superintendent.

The Kane County State’s Attorney’s Office investigated a complaint brought against school board member Jim Gaffney, who signed the undated memo about sick days for then-Superintendent Barbara Erwin.

“Nothing fit,” State’s Attorney John Barsanti said...

There's really no statute governing attempted fraud in Illinois? ...seems surprising.

If the law dictionary is correct and property is 'anything that is owned by.. [an] entity,' then - isn't money property?

Have I mentioned that I'm not an attorney? I'm not. And I didn't spend much time trying to find an applicable statute, but I am curious...and skeptical. It wouldn't take much to convince me that government money was government property. Or, did the Illinois legislature really mean real estate?

(720 ILCS 5/46‑1.1)

Sec. 46‑1.1. Fraud on a governmental entity.

(a) A person commits the offense of fraud on a governmental entity when he or she knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of any governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property or by causing a false claim of bodily injury or of damage to or loss or theft of property to be made against the governmental entity, intending to deprive the governmental entity permanently of the use and benefit of that property.

(b) Sentence.
(1) A violation of this Section in which the value of the property obtained or
attempted to be obtained is $300 or less is a Class A misdemeanor.
(2) A violation of this Section in which the value of the property obtained or attempted to be obtained is more than $300 but not more than $10,000 is a Class 3
felony.
(3) A violation of this Section in which the value of the property obtained or attempted to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
(4) A violation of this Section in which the value of the property obtained or attempted to be obtained is more than $100,000 is a Class 1 felony.

(Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.)

Barsanti told the Chronicle that "he does not normally comment publicly on complaints filed with his office or their investigations." It's not completely clear why he made a special exception in this case. After receiving a written complaint, Barsanti’s office investigated that matter and examined criminal codes for an applicable charge, Barsanti said.

As it is, Spahr refused to misuse taxpayer dollars and Barsanti can't find a crime.

The Education Commissioner that could have been

The Kentucky Board of Education is still on the fast track to replace almost-Commissioner Barbara Erwin. The board promises to correct past failings and fully vet the next group of finalists. Good for them.

I'm not crazy about the board's effort to find a new commissioner in the fall of the year - especially not on the eve of a gubernatorial election. But let's hope there are still qualified candidates in the mix, who have not been driven off by the months of missteps, empty proclamations and uncertain direction. Let's hope the board's judgment will improve as their process improves.

Let's hope.

Life with Barbie

Another glimpse into what life might have been like with Barbara Erwin as Kentucky's Education Commissioner arose this morning in Chicagoland.

As his reelection campaign nears its conclusion, Kane County (Illinois) State's Attorney John Barsanti has launched yet another investigation into alleged "misuse of public funds" surrounding Barbara Erwin's 2004 contract in St Charles. Kentucky School News and Commentary reported on the controversy at the time.

An incredibly credible source in St Charles told KSN&C, in April, that Erwin pressured Human Resources staff to add 85 sick days to her account starting in 2004 - a year earlier than her contract allowed.

The story goes like this: After only a few weeks on the job, new HR director Tony Spahr started getting pressure from Erwin - first orally - then, after he reviewed her contract and refused to add the days - she gave him a memo signed by past board chair James Gaffney, and directed Spahr to add the days again.

Spahr sought legal advice and refused yet again. Erwin suggested he should start looking for work elsewhere - which he ultimately did.

In mid August, former District 303 school board President Bobbie Raehl took to police and county prosecutors a copy of the memo that she says showed “behind-the-scenes business.” Barsanti apparently reponded by offering a seminar to public officials on how to avoid trouble under the Open Meetings Act.

But the tenacious Ms. Raehl persisted.

“Personally, I feel it’s attempted fraud and it’s a violation of the Open Meetings Act,” Raehl said in August.

Gaffney denies writing the one-sentence memo that states that the school board agreed in 2004 to award nearly a year in sick days to its then-superintendent saying, - wait for it - “I didn’t write the memo; I just signed it.” (Ahhhh. I love the sound of lame excuses in the morning. It sounds like...'I didn't present at the conference, but I did sign off on it.')

Now, two months later, Barsanti has apparently decided he has what he needs to proceed.

This from the Daily Herald:

Dist. 303 under investigation again

The Kane County state's attorney has asked the St. Charles school board to turn over closed session materials from 2004 as part of an ongoing investigation into possible wrongdoing.

The probe was prompted by an individual allegation of illegal activity on the board since 2004, State's Attorney John Barsanti said Thursday.

This is the second time this year the county's highest-ranking law enforcement official has investigated such a complaint on the school board. A similar probe led school officials to admit in June that they violated the law in 2005 by approving an administrator's contract extension without a public vote.

On Thursday, Barsanti declined to name a complainant or discuss the nature of the latest investigation.

But former school board president Bobbie Raehl took responsibility for the complaint, saying she specifically asked prosecutors to look into the conduct of her former colleague and current board member Jim Gaffney.

Raehl, who also sparked the earlier investigation this year, said she believes Gaffney tried to use his power as a public official to get extra sick days for former Superintendent Barbara Erwin so she could become vested in the state pension system.

Raehl cites an undated memo bearing Gaffney's signature along with a note to district officials, saying the board agreed to credit Erwin with 340 sick days as part of a contract agreement in 2004, when actually Erwin's sick day allotment was not approved and did not start accumulating until 2005.

"There was an attempt to get (Erwin) vested by Jim (Gaffney)," Raehl said. "It was a misuse and an attempted misuse of public funds."

Gaffney did not return a phone message seeking comment Thursday.

Raehl, who lost her seat to Gaffney in the spring election, said she wanted to report the allegation months ago, but wasn't able to obtain the memo in question until late July. She said she had no choice but to turn it over to authorities. "When it comes to honesty and integrity, there is no room for compromise," Raehl said.

District 303 Superintendent Don Schlomann, who replaced Erwin in July, said the district was cooperating with the state's attorney.

Specifically, the board has been asked for tape recordings of four closed session meetings in early 2004 and minutes from several other closed sessions during the same time frame, he said.

School officials already have given the meeting minutes to investigators, but are still reviewing the legality of turning over tape recordings that may contain student and
employee information that must remain confidential, according to Schlomann.

Barsanti said he hopes to complete the investigation in the coming weeks.

Imagine what might have been...

Keith Travis still chair of the board. Barbara Erwin just completing her first whirlwind tour of the state preaching the social gospel of success as measured (twice) by new testing system. A few defections from the department of education (no reflection of the new commish), quickly replaced by former Erwin buddies. Board members happier than ever with their choice for Commissioner. Then, the other shoe drops.

The board may not have fired her, but it can sure count itself lucky that she quit first.

"Attempted Fraud": Ex St Charles Board President gives Erwin memo to County Prosecutor, police

Erwin's Quest to Vest

Gaffney: “I didn’t write the memo...I just signed it.”

The post-Erwin fallout continues in WestChiTown as St Charles board member Jim Gaffney tries to distance himself from the now infamous "Erwin memo" that bears his signature.

His 'I didn't write it but I signed it' excuse is the lamest thing I've heard since Erwin's, 'I didn't present at the conference, but I signed off on it.'

What's next? 'I'm not the Queen of England, but I did stay at a Holiday Inn Express last night?'

One source close to district leadership in St Charles told KSN&C, in April, that several district personnel were aware of Erwin's efforts to pressure HR staff to add 85 sick days to her account starting in 2004 - a year early. Some have opined that such pressure may have played a role in the departure of a former HR chief in 2006.

The rumor was that after only a few weeks on the job, new HR director Tony Spahr started receiving significant pressure from Erwin - first orally - then, after he reviewed her contract, and refused to add the days - she gave him the memo Gaffney signed, and directed Spahr to add the days again.

Spahr sought legal advice and refused again. After that, Erwin told him that maybe he should start looking for work elsewhere - which he apparently did.

If the rumor is true - there ought to be a piece of paper out there - some kind of legal opinion from the board attorney Mike Duggan, written in mid February.
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This from AMELIA FLOOD at the Kane County Chronicle:

ST. CHARLES – Former District 303 school board President Bobbie Raehl has taken to police and county prosecutors a memo – signed by board member James Gaffney – that she says shows “behind-the-scenes business.”

“Personally, I feel it’s attempted fraud and it’s a violation of the Open Meetings Act,” Raehl said.

Gaffney denies writing the one-sentence memo that states that the school board agreed in 2004 to award nearly a year in sick days to its then-superintendent.

“I didn’t write the memo,” Gaffney said during a recess of Monday night’s school board meeting. “I just signed it.”

The board later approved a contract amendment to give 340 sick days to then-Superintendent Barbara Erwin. But that action was taken during a 2005 closed-session vote that was found to be in violation of the Illinois Open Meetings Act.

The memo that was signed by Gaffney, Raehl said, showed he was trying to act on behalf of the board.“He was saying it was the board’s intent, and it was not,” Raehl insisted.

Gaffney explained that “the human resources guy” faxed him the memo.

The district’s former human resources director, Tony Spahr, said the document was not faxed by his department. He said he first received it from Erwin in her office in February.“I don’t know how she obtained it,” Spahr said. “I’d never received anything like it.”

The memo consists of a single sentence: “This is to affirm that the Board of Education, agreed in 2004, as part of her employment contract to award her 340 sick days at 85 days a year.”

It is signed, “Jim Gaffney, past president.”

Raehl said she learned of the memo in March. She confronted Gaffney about it during an executive session April 9, Raehl reported, but he would not acknowledge the memo.

Gaffney said the memo would have been on his personal letterhead if he had written it.“If you look back at the record, everything is on my personal letterhead,” Gaffney said Monday. “If I had written it, ... it would’ve been better written.”

He did not return phone calls Tuesday for comment on Raehl’s accusations.

On Monday night, Gaffney was called upon by resident Jeff Blankenship to explain the memo.“Like a bicycle that’s broken, you have to fix what’s broken,” Blankenship said.

Blankenship also asked Gaffney and board President Kathy Hewell to resign amid the controversy involving a contract extension the board awarded to Erwin.“Mrs. Hewell, Mr. Gaffney, you aren’t helping this board,” Blankenship said. “If we’re going to do what’s best for our children, some people have to leave.”

Gaffney would not comment Monday on the calls for his resignation or those asking for an explanation of his actions.“Everybody’s got their own opinions,” Gaffney said.

Hewell could not be reached for comment on Tuesday.

Timeline of events

February 2007 -– Tony Spahr, the former head of human resources at the district, is given a memo signed by Jim Gaffney asking that Superintendent Barbara Erwin be given 340 sick days retroactively.

March – Board President Bobbi Raehl becomes aware of the memo through the board’s attorney, Mike Duggan.

April 9 – Raehl alleges she confronted Gaffney in executive session about the memo and that he did not acknowledge it.

July 2 – The Kane County Chronicle requests the memo under the Freedom of Information Act.

Aug. 9 – Raehl meets with lawyers in the civil division of the State’s Attorney’s Office to discuss the memo.

Aug. 13 – Raehl and others call for an explanation of the memo during citizen comments at the school board meeting. Gaffney informs a Chronicle reporter that he did not write the memo, only signed it and that it was faxed to him for his signature by District 303’s human resources department.

Aug. 14 – Tony Spahr says that the fax did not come from his department and that the first time he saw the memo was when he was given it by Erwin in February.

Click here to see the signed memo

Click here to see the Chronicle's request for the memo

Photo by Travis Houghton at the Kane CountyChronicle.

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Gaffney says "the Human resources guy" sent it to him. Bull.

Apart from the fact that Tony Spahr had no motivation to do so, it would have constituted an illegal act, and he had previously refused to grant her the days, despite being threatened with termination...WHERE ARE THE FAX MACHINE MARKINGS AT THE BOTTOM OF THE MEMO?

I don't know about your faxes...but mine all have a time stamps on them. Take a good look at the Chronicle's photo of the actual memo. No marks.

Did Gaffney mess up his story?

So who really wrote the memo? You can't rule out Gaffney. You can't rule out a couple of others either.